The Judicial Service Commission (JSC) will meet in the next fortnight to discuss the furore surrounding Cape Judge President John Hlophe, and some members will push for his immediate suspension, the Mail & Guardian has learned.
A long-planned meeting of the JSC sub-committee dealing with the disciplinary process surrounding Hlophe’s alleged lobbying of Constitutional Court judges to favour Jacob Zuma was due to be held on Friday, said an informed source. That would be followed by a fuller meeting either this week or next week.
Two senior legal figures familiar with discussions about the planned meeting told the M&G it was expected to be held in a fortnight, and that some of Hlophe’s critics would cite his return to work in defiance of Justice Minister Enver Surty’s request as grounds for immediate action against him.
Hlophe has been on special leave since last May pending the resolution of his dispute with the Constitutional Court’s judges. He returned to his office two weeks ago, telling Surty that separation of powers prevents the executive from interfering in the courts.
Surty replied: ”Until the conditions of your special leave have been met or terminated with my consent, you may not resume your duties.”
Surty affirmed that Deputy Judge President Jeanette Traverso remains acting judge president of the Cape High Court. Hlophe, however, has instructed his office to take over the functions delegated to Traverso, including the allocation of cases, and has asked for the relevant files, sources said.
He was due to make final representations to Surty as the M&G went to press. It is understood that he will reassert the separation of powers principle and threaten legal action if government pressure continues.
His return has caused turmoil at the court, where there is uncertainty about the legal standing of his decisions. ”Any decision Hlophe takes is invalid because, according to the Constitution, he is on special leave until leave is terminated by the minister,” said a senior advocate.
His return has also caused an uproar in the Cape Bar Council, which initially decided to remain silent, justifying this to members as designed to spare a ”punch-drunk” public further ”mudslinging”.
That decision was reversed after what one member described as a ”rebellion of the silks”. ”Except for one senior advocate, all the silks went through the roof after receiving the Cape Bar Council’s response. They forced it to come out with a strong and clear statement supporting the justice minister”, he said.
If the JSC recommends suspension, the focus will shift to President Kgalema Motlanthe, who faces pressure from divided party comrades.